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Discussion » Statements » Rosie's Corner » "Beyond a reasonable doubt" is a legal standard. Problem is what is REASONABLE differs from person to person. WHO SHOULD DECIDE?

"Beyond a reasonable doubt" is a legal standard. Problem is what is REASONABLE differs from person to person. WHO SHOULD DECIDE?

Why isn't there a better clearer surer more dependable legal standard?

Posted - July 4, 2021

Responses


  • 258
    The term "reasonable" is used in law to mean something decided by a court.
      July 4, 2021 12:22 PM MDT
    1

  • 113301
    Courts vary. Politics varies. REASONABLE is pretzelized to suit the deciders. Not a fan. Thank you for your reply Robert and Happy Monday to thee and thine! :)
      July 5, 2021 3:45 AM MDT
    0

  • 258

    "Reasonable doubt" is the highest burden of proof in law and is used in criminal cases.

    Compare the burden of proof used in civil proceedings: "balance of probabilities": 
    - - - - Start of extract: - - - -

    “Beyond reasonable doubt” is a very high standard of proof: essentially the court has to be convinced that there is “no doubt” that something is true. This has to be the case, as the consequences of a person being found guilty in a criminal case are usually much more serious than the potential consequences in a civil matter, which usually involve an order to pay money.

    What about civil cases?

    In civil cases the standard of proof is much lower.

    This is the case because losing at trial will not end up with an event such as a life-long prison sentence.

    The burden of proof is on the claimant, who must prove that on the balance of probabilities, his/her case is true. This means that the court must be satisfied that on the evidence, the occurrence of an event was more likely than not. [...]"

    Extract source:
    Burnetts [British lawyers] Factsheet "On the "balance of probabilities", by Gillian Carey:
    https://www.burnetts.co.uk/blog/on-the-balance-of-probabilities

    - - - - End of extract - - - -






    This post was edited by Robert at July 5, 2021 3:49 PM MDT
      July 5, 2021 2:20 PM MDT
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  • 2960
    Jesus will decide.
      July 5, 2021 2:27 PM MDT
    0